Legal Opinion

Caldwell v. Lamkin

Court of Appeals of Texas

Decided December 18, 1895No. 1386PublishedCited by 3 opinions

This suit was commenced by Caldwell, the appellant, in the District: Court of Caldwell County to recover of Lamkin the amount of a promissory note. An attachment was sued out and levied on certain lands in that county as the property of defendant. Johnston and Flournoy, who claimed to own the land levied on through conveyances from Lamkin made after the levy of this attachment, but in satisfaction of mortgages-executed long before, were made parties defendant.

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This suit was commenced by Caldwell, the appellant, in the District: Court of Caldwell County to recover of Lamkin the amount of a promissory note. An attachment was sued out and levied on certain lands in that county as the property of defendant. Johnston and Flournoy, who claimed to own the land levied on through conveyances from Lamkin made after the levy of this attachment, but in satisfaction of mortgages-executed long before, were made parties defendant. They claimed rights, in the land superior to the attachment lien and evidence on this issue was heard on the trial. The case as to the…

1Opinion of the Court

COLLARD, Associate Justice.

This suit -was brought August 9, 1894, by the appellant, S. H. Caldwell, against appellee, L. A. L. Lamkin, for $3,787.30 due by note of date April 14, 1891, executed by appellee, Lamkin, to Y. Q. Caldwell and S. A. Miller as administrators of. the estate of E. D. Caldwell, deceased, which note was by the administrators of the estate, for value, transferred without recourse to appellant S. EL Caldwell, who sued as owner and holder. On the same day attachment was issued against Lamkin to Caldwell County, Texas, and was on the same day levied on two tracts of land as…

2Cases cited5 opinions

  1. Ann Berta Lodge, No. 42 v. LevertonTexas Supreme Court · 1874
  2. Messner v. HutchinsTexas Supreme Court · 1856
  3. Donnelly v. ElserTexas Supreme Court · 1887
  4. Anderson v. ChandlerTexas Supreme Court · 1857
  5. McDonald v. TinnonTexas Supreme Court · 1857

3Cited by3 opinions

  1. Benge v. FosterCourt of Appeals of Texas · 1934
  2. Estate of Johnson, Superior Court of California, County of San Francisco1903
  3. Hill Senter v. WickliffeCourt of Appeals of Texas · 1921

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